comply and go yep credits you second paragraph studs in mr. Turney you good other comments edits y'all square with us all right we have a motion we have a second we have edits all those in favor of the amended thank you good work cable right next up on our agenda we have several public public hearings this evening first up is request by Anne laws for home business to operate a Pilates studio on a home at 36 Motor Street Tech's map 27 to 133 in the medium density residential district can you step up to the mic and tell us what you would like to do um this apologies on so this is a return I had my stratification 36 Myrtle Street I built an addition on the back of my house over the old garage and I would have turned that into a studio this is a return of the studio I had had this many years ago left and be it a space in Bangor and that space building was sold so I have returned it to my home and I want to start it back up again as a home business so it's a studio where I do Pilates which means mat work and the equipment most of my clients are private one person two people I only have two pieces of equipment so I can only handle max two people at a time if I were to do classes I can only accommodate four but I prefer to not do classes because I have other spaces where I can do the classes so that's what I would do it's more part-time than full-time would imagine most of my clients are private so it could be anywhere from 6:00 in the morning to late for you know evening 7 o'clock at night and on weekends very part-time all right and you're also taking advantage of the no home business I am taking advantage of the new home business which has been explained to me hope everybody saw that we have a couple of these tonight residents so I have you have a picture the placement of our of the end of Myrtle Street is unique there are only two houses on that end so the road comes down and ends and I have enough space for four cars in front of my garage most of my people park on the garage they some will occasionally Park on the side of Myrtle Street or coming down on the hill on juniper and then walk down in but most of the people either walk to it or park in front of my garage where there is space very good any questions for the applicant before we open up the public hearing we you came before this is pretty much the exact same home occupation you had before the helots home business there's no there's no changes to when I had it before right and it does say that you you're in design for a sign for square feet to be designed to be designed okay yes and I have a little garden area up near the front of the house where that will happen where that will get put very good thank you I don't think I put that down on in the picture maybe I did I don't recall standard drawing it's on the drawing okay yeah there we go let's see any other questions thank you before I open up the public hearing everyone could you want the board through that and this is hope this is our first I can't remember or Lincoln's second home business it's a it's a fairly straightforward project as Miss Ross just described I think the one thing to take note of is that Myrtle Street does even though the 40-foot right-of-way continues beyond the end of Juniper you know or turns looks like at the end of murder but the right away actually extends a little ways in but but the paved part of that narrows considerably to maybe 14 feet 8th width as you go in front of Miss Ross's house and and get to the driveway of the next home the other home that's back there so the one thing that's really important is that that area not be used for parking because a car there would be in the way could block access to the other home but as importantly would block access for emergency vehicles and that sort of thing and in snow times and snowy weather is made to the snow buildup and couldn't even narrow that a bit more so she indicates and on the drawing in the photograph that there are places for up to four vehicles off of that that's what the limit is for home business so but still I think the board just should take note that and that might be a condition that that you would want to consider to just look at that two extra spaces they get what's the two more square feet of signage and they can advertise with home yes those at the fence yes okay thank you we'll open up the public here only those in favor or oppose step up to the mic please don't be shy any other questions from the board for the applicant last call for comments you please step up to the mic state your name [Music] wait Krusty I live at 40 model which is the last house and and you know I'd like and to be able to have our business but I'm you know I just want to I'm a little concerned about the parking there and just make sure that nobody parks along the opposite side from our house there along man you know it is kept of a area kind of in front of our garage and over there just so that we don't get into a parking mess that's all but I do want our the Bama Lavra business great thank you others all right I'm going to close the public hearing comments from the board we have heard a parking concern Evan mentioned that could be a condition of approval she's indicated that they would park in front of a garage and perhaps on juniper on the hill so any other questions for the applicant you understand that the concern that your cars here pretty good all right I think I think we're ready for our motion if there's no I'll find you pose findings of fact we'll do that first no here right in here read into the record the proposed findings of fact for this home occupation permit for home business for an lost 36 Myrtle Street tax lab 27 - - lot number 133 in the medium density residential district here's an external tool if you need it if dated June 21st 2017 pursuant to article 4 section 18 - 106 and out of five section 18 - 131 or the oral Code of Ordinances the oral planning board is considered the application Vanraj for a home occupation permit to operate a home business Pilates studio at 36 Myrtle Street as a spelling error tax map 27 - 2 lot 133 located in the medium density residential district based on all evidence presented by the applicant reviewing agencies town departments in the public the oral Planning Board is on the phone these are the home occupation home business review criteria so requirements of the district that the subject property located in medium density residential district is a legal law under the or known land use ordinance in which the category of home occupation defined as home business is a permanent use with Planning Board approval under article 4 section 18 - 106 an article 9 section 18 - 273 are there any issues with that will be on number 2 compliance with home occupation standards article 5 section 18 - 31 subsections a through K that the applicant as submitted demonstrates that the home business will be subordinate to the residential use of the property and will not alter the appearance of the premises such that it would differ from its existing residential character any issues there that the applicant is submitted demonstrates that the home business will be subordinate to the residential use of the property and will not alter the appearance of the premises such that it would differ from its existing residential character I play at repetition I missed it well I just keep reading it so I don't think there's any issues with that one either try the next one based on the application submitted the home business will have a single sign of no more than four square feet in area that sign of this size will not have undue adverse visual impact on the mobile hood and that the use of other advertising media will not increase traffic to the home business that would cause demand for more than four parking spaces is allowed by the land use ordinance we did hear concern about that there are the issues are that provided we might address that in a condition all right moving on that the home business will not involve use of commercial vehicles in excess of eighteen thousand pounds gross vehicle weight and the issues there nope that the home business will provide for on-site parking spaces to accommodate clients or customers and will not have clients or customers coming to the home business if in numbers I saw yeah in numbers requiring northern for parking spaces no issues all right but the home business will not cause losses nuisance conditions in excess of those produced by normal residential use including noise glare odors dust smoker heat concerns that there will be no outdoor storage of goods in connection with the home business that home business will be able to comply with all regulations governing water supplies wastewater discharge sewage facilities and other utilities the issues and lastly that the home business is not located in the shoreland area any issues there all right pail proposed findings of fact I think we're ready for a motion I get a point of clarification well do we want to add a recommendation about the parking and it's at the end of Myrtle is that as I understand it what is this wooden what if anyone parking past her house at the end of Myrtle I think it's along the narrow stretch the 14-foot section that's part of Myrtle Street so that he doesn't want to be blocked so the parking needs to stay as shown on her sketch in fiber garage so should we just say that is a recommendation that the fuckton must be in front of the garage in the garage or she mentioned could be off off street on juniper or hot ginger okay so I think that would take care of that all right I move that we approve the home business application by Anne Ross for by the wise boys at 36 military tax map 27 - - lot 133 with four recommendations one that the home business shall be registered with a code enforcement officer and home occupation - that the science will be located in the fathers boundaries are not within the Myrtle Street right-of-way three that the home business shall comply with all applicable standards governing home occupations are set forth in section 18 - 131 home occupations of the Landis ordinance and for that parking is always kept in front of the garage or on Juniper Street very good thank you have a motion I'll second it we good further discussion all those in favor congratulations all right next up we have a second public hearing request by John Terry to amend an existing home occupation for recognition as home businesses defined by the lanius ordinance for his retail store alpenglow adventure sports at 92 Main Street tax map 27 - - lot 149 in the medium density residential district and the applicants up up to his representative step up to the mic Jeremy I know that mr. Tierney is a way that he indicated you would have somebody here on his behalf okay recommendations push them to the end we've got to keep moving we have a full agenda yes you can push him to the end zone yes okay I think it'd be fair to open the hearing and have any member that's all here to speak to it and then take up very good we don't have the applicant to be able to describe the project but I am going to open up the public hearing to take some initial comment and then we'll likely have to table that hearing till later so please step up for the mic I'm Paul bar shots I live at 8 Juniper Street I've read the proposal that alpenglow has put in and I understand what he is asking for the question that I would ask is what exactly is the business that is taking place at that address I know there is a retail store and it's very carefully laid out on the proposal where the parking is and so forth there are three I think parking spaces that connected a house three that connect to the store but there's more going on there than just a retail store there have been over the past several months major parking along Juniper Street by cars that are often there for several days at a time upwards to a week and not moved they are overwhelmingly out-of-state cars they're not going to be parking of the employees of this alpenglow there's only two employees allowed according to the proposal and I don't know how to employees would use five or six cars there usually there's to be parked there right now all from out of state there are upwards to five or six usually some come and go daily others stay as I said for extended periods of time I would just like to know what else is going on up there that requires this amount of parking that pays no relation to what the proposal that is here has indicated I would I would just like to have that clarified okay I stopped I spoke with mr. Rickard the other day when I was looking at that the proposal and he was nonplussed about it as much as odd we're good have noted your your comment and when and if the applicant shows up to answer that question we'll dress at them okay thank you thank you Jeff Gordon 22 Hamlin Street I have questions for the applicant if you could answer them I would like to know if he is personally responsible for the day-to-day conduct of the business on the site in other words is he responsible for the decisions that are made in terms of advertising and that sort of thing on the street and then if he was here I would also ask that he enumerate for the board his understanding of the restrictions placed upon him in this capacity as a home business hmm thank you good good thank you others just get my notes before [Music] [Applause] all right close the public hearing on a table this so show them a motion for that Jim Wright recommend that you keep the public hearing open because there we go they're probably do have to do that never mind his tables of matter to either later in this meeting or to next month okay so the public hearing is open we need a motion yes yeah it's a table I'll take one I move that we table this until next meeting can we just do that now we could does it the way we're going I just I just do that if you're not here on time then yeah I second it you lose your slot yeah good next time all right never you have a second for the discussion all those in favor next time it is alright next up we have another public hearing requests by hob LLC to change a non-conforming use to another non-conforming use on a portion of land at 61 margin street tax map 31 - Tulloch 29 and medium density residential district and for site plan approval of the new use which will consist of the reuse of an existing 10,000 square foot building and approximately four acres of developed land for the purposes of a brewery with a tasting room offices and artist studios like your firing up a presentation but in the meantime could you have just tell us what what you're about yeah hi every I'm mark Horton I'm co-owner of Club LLC : ER of Orono brewing and Whitman's bar L so we're in a Brewing Company open two and a half years ago in the building a to middle street I'm excuse me Mill Street in Orono and we've outgrown that space I'd really love to stay in Orono and we came across this building a margin Street which fits our needs perfectly it's going to take some work to do it but but what we're looking to do is purchase the building and purchase and sale agreement in place the ten thousand square foot building formerly lane constructions on as material Kimbrough before that as well as roughly four acres connecting it so our plan is to go ahead with the purchase phase one will be repairing the roof the walls the masonry needs quite a bit of work the roof needs a decent amount of work you know and then we'll we'll paint it improve the ground surround it we do plan and keeping the fence the whole courtyard the whole area is fenced in so there'll be very little visibility to the neighbors and then phase two will be moving our brewing operation from the building on Mill Street into this building which will classify it as a light industrial use previously that building had seen heavy industrial use for for many years you know rock rock crushing large vehicles what we're planning to do is move our current brew operation and just about double it in size which will just be the current seven tank so you have plus two or three more and then we're also in part of the building we're going to have our offices our corporate headquarters and then another part of the building will be an artist space that we're going to rent out to local artists at least for the next couple years until we grow again and then the last step will be building a tasting room similar to what we have now but with a food component as well and as far as the the impact we plan on using Main Street entrance that was used by sunrise materials for years at that location right between Ledbetter's and the neighboring property and so all traffic you know will come in through Main Street through that driveway we have about 75 parking spaces we've had that laid out and that's all on the existing pavement no new construction going on most of the work will be you know as I mentioned to the shell of the building and then improving the interior converting it from from a maintenance garage into a brewing operation you know eventually the tasting room in the art space and yeah we hope to be able to just make it you know part of the art our community and as far as other any other impacts on neighbors or the area there's no noise really given off by brewery especially in a concrete building like that you'd be hard-pressed to hear it you know other than running water doesn't generate any noise there will be a small exhaust fan it's already on the building brewing gives off a smell kind of a bready smell of almost like cooking porridge or something it's a food like smell it dissipates quickly I'm sure with three breweries in town everybody's probably smelled that kind of bread smell before walking around you know and with the proximity of the neighbors I don't believe anybody will be able to smell that too strong or frequently and yeah we hope to you know pending the board's approval get the project started we're good thank you question for the applicant what is your sense of timing in the phases so we are we have a tentative closing date of July 12th I believe we would start work on the roof immediately after that and the masonry as soon as he could get to it best-case the brewing operation would move there this fall September October we hope to do it before you know snow flies because moving those large tanks and snow will be difficult that being said though there is the possibility that it could take you know into January before the brewing operation moves there and then as far as the tasting room component spring at the earliest we probably be talking April or May yeah there's quite a bit to do to the building and you know we're going to focus on it one step at a time to make sure that we have everything lined up perfectly to be ready to open it mentioned 75 parking spots laid out yeah seems like an awful large number for that activity that's just yeah yeah we wanted you understood what how many people would would be able to fit there yeah yeah just so we knew because with 10,000 square feet we didn't know what we'd be required so you know we we gave the measurements to somebody and had them lay it out yeah so are just so we don't any events or whatnot as far as the brewing operation itself you know we expect to have six to ten employees you know obviously on the lower side while it's just the brewery and then once the tasting room is open it would be mortars at 10:00 the art space three or four vehicles a day I would expect it most be good thank you other questions all right before I open up public in here Evan you provided a pretty thorough summary could you read it up on the board and yeah as a couple issues yes the first the first procedural thing is that there are three actions required in the bottom right one is to determine whether this use is no more non-conforming or less not for less non-performing of a negative than the previous use this is a medium density residential district industrial uses are not allowed not a permitted listed permitted use in the district but where there has been a previous legally non on the site another non-conforming use can come in behind it as long as the plan board can find that it will have no more impacts on resources or surrounding properties than the previous legally non-conforming use so that's the first thing you need to do if you find yes then you go on to the next step if you found no then it wouldn't be allowed the second step is a site plan this kind of use requires a site plan review there's no new construction so the third thing that's wrapped up in that is that they have a request for waiver of certain submission items that are mm-hmm connected to new construction like stormwater management plans and erosion control plans and both construction plans and things like that there is none of that so a lot of the items of a normal of a site plan involves new construction it has to be waves in the plan board has the authority to waive it and they have formally requested that waiver so those are three things the finding are non-conforming use we wrote submission requirements and then review and acting on the site thing you remind me and procedure for acting on those prior to opening up the public hearing would it be it would all be part of the pub you hold a public hearing first okay and then you can make your determinations of not of the on the non-performing question and then move to the site plan for you you can hold a public hearing down to total two tallies both both the knife requirements question and the site plan okay very good thank you all right open up the public hearing please step up to the mic state your name and what your concerns are I said well yeah well the closed 18 Union Street I'm with an eye shot of the project I speak in favor of the project as I said with a knife shot of it and I recall the time when it was a ongoing industrial operation tremendous amount of coming and going of heavy trucks cement mixers shift changes the workers during the day and the neighborhood was unmolested by that including the grinding of rocks this has got to be an improvement and because right now it is an eyesore and Martin Street itself this is such a careworn street and I'm familiar with a band Heather first I worked in Orono all the projects that they have done Woodman's and or in a ruined company everything they've done has been tasteful it's looked good it's been successful and well thought of so I just would like to run extend my board of support for this project and I think it will look nice when it's done that it fulfills the promise as outlined by this man thank you very good thank you others Jeff Gordon 22 Hamlin Street again I just want to enthusiastically support this project this particular non-conforming use by these particular individuals I think it's all earmarks of a big success I do have some concerns about the Evans comments about there isn't any new construction or anything so a site plan review isn't required there has been significant alterations to the site in terms of removal of structures and particularly concerned about the stability of that back wall and I don't know what the applicants plans are in terms of removing that wall or how they're going to stabilize that and I think an engineering assessment of that situation would be in order in this case and then I have some questions about the implications of this other decision in favor of this proposal in terms of the implications in terms of grandfathering so we have one non-conforming use following a flyer non-conforming youth but the prior non-conforming use occupied 30 acres and this constitutes a subdivision of the original plot of land where the non-conforming use was and that kind of complicates things in my mind a little bit about what the implications are for remaining I think 26 acres is there 30 acres in total and they're splitting off four so what are the grandfathering implications for the remaining 26 acres I guess in terms of continuation of non-conforming uses do they lose that right I wouldn't think so mr. chairman no yeah they don't lose that lose that right but they would have to go through a review and and it would end up being cumulative you know the considerations would be cumulative so if the next thing that comes in is another non-conforming activity then the Planning Board would look at that additional activity in combination with this one and it would be the it would be the sum total of it is the sum total but still less adverse effecting on the frauding resources and properties as the previous but it would not shut the door this is not the one and only thing that could go there okay so this newly non-conforming use becomes part of the standard to evaluate a subsequent non-conforming use is part of the cumulative consideration the the thing that's being compared against is the asphalt process okay let me hypothesize this if if this use comes in and is granted and then it fails for whatever reason I don't think it will but if it did oh and then someone came in and wanted to reestablish a rock crusher on the door you can't go back you cannot go back once you just the the the huh bell LLC project for that four acres becomes the benchmark over the absolutely that becomes the standard for the four acres but not for the other 26 acres yeah it's actually 35 acres 35 acres okay all right I guess I understand I'm not sure I do okay all right that gets question number two less because can we address the the first question engineering assessment could you it just carries on the removal of property there's some remaining structures have you done any work with that to answer this question now laying construction has been removing parts of that tower yeah yeah so they've been removing that and we had requested the purchase sale that that it would be stabilized I'm not sure where they are on that we do have an engineering assessment ordered which I believe was close to completion last email so I think they just had a few more interviews to do and then they would have that completed so we should know within the next week or so whether or not that's completely stable okay so that just don't know that that would be a condition for us yeah the questions been raised you've told us that you've got to take it while you're in the works and but you won't have an answer until next week a little more David so if we were to move forward with this approval that will be one of the conditions that you'd have to mean yeah no it's one of our conditions of purchasing it as well is that you know they make that so that we don't have to worry about you know any injury to customers and whatnot that that would be stabilized very good thank you and again just to repeat I enthusiastically support this this application but that's a good point though thank you next hi I'm Katherine Thibodeau I'm the executive director of independence advocates of Maine and we are the property beyond 234 Main Street which if you put the picture you see it where the property on the other side of Ledbetter's and again we are also supportive of the project we would like to point out that the plan is to cross our property to access it which poses some questions for us when we first phoned the property the the rock-crushing company was bringing their trucks up and down and and that was they moved subsequently down Main Street and so it's been very quiet for a long time and we're not 100% clear how the impact will be we do not anticipate there will be any problems but I wanted to bring it forth to the planning committee that that's something that we will need to have ongoing discussions with with hub LLC on that right because it this board we can't act on that we can't approve that access that's not part of what we're going to do with I would just say that if if it was not successful that's not how access would be a would be obtained so if that's of any interest to you we just we need to be careful that was in a submission packet and how I understood this to that we're not approving that whatever agreement you have with how been all whatever Ledbetter's has to say for signage or whatever the case may be this board is not approving that so that's up to you to work out with I understand that boom I just I want to make sure that you guys knew that Andros did that and that that any potential of that not working out so we are supportive of the project bryggen Thank You mr. chairman could I just please do gain on that a little bit I should have died apologize I should have done that earlier typicals communist is appropriate this is a site as you can see that the property ends to the west short of Main Street but the right-of-way or the access drive off of Main Street that has historically served this property apparently for 40 or more years goes all the way up just clarification it is shown better on the site plan just so you know that the aim in our packet yes the building the access Drive signage is so does more information in our site plan them and we did some research because we need to know what the right type of interest that the applicant has or claims as passed along to the epidemic sale to this property and we could not find we could not with we're not lawyers but we Clinton and region through the deeds we couldn't find anything memorialized it appears to us that probably what happened is that cm Paige who owned all this property back in up to the early 1970s and sold this property to chin bro I think of 1972 said sure go ahead use that for your operation and went in bro sold the property Tulane in 1983 they continued using it exactly in that way and now lien is selling these four acres to hub LLC and how LLC wants to continue to use it as well in addition there's a sign frame that always had the Sun Rise materials sign on it that actually is on the Ledbetter's convenience known property just over to property line we I think you're correct that it is not the place of the Planning Board to determine who's got what legal rights under the law under the deeds and so forth that would be something if there is a matter of conversation between and among the property owners I think it is important and as long as they're an agreement that ello hub LLC can continue use that that's great of importance is that this operation does not entirely depend on that it's got other access it's got its frontages on margin street not on Main Street it has access from margin Street and if this never existed they could still do it they could still have a facility there that would meet code requirements you'll see that in my recommendations for you to consider as a condition how we suggest approaching this question of right Thailand interest to that part of the access Drive and and the sign so I think the facts of there's long historical use of it by benefiting this lot there was nothing memorialized that we could find in writing although maybe there's something that we would not have been able to find and there is other access available should somewhere down the line the property owners the courts somebody finds that this historical use should no longer be there thank you a good run a time in which case they would need to come back for an amendment to the to the site plan just to review what that alternative access is hi I mastered Lhasa Smith I live on margin Street 55 which is on the other side of Island Ave and the fact that they do have front Street or margin Street access is something that concerns me because I thought I was actually really happy to hear that they plan on using the Main Street entrance because I'm fully supported in this project if they want to open a brewery offices and artistic spaces but this tasting room with food sounds a lot like a bar slash restaurant to me and I'm concerned about the increase of traffic potentially foot traffic which bar traffic is loud and so I'm concerned about noise a long margin Street either foot traffic or if they got shut down from their Main Street entrance coming along margins straight so pretty much my concerns would be you know what's a tasting room why is in a restaurant other plans to make it a restaurant in the future and then my concerns would be the noise the potential for drunk driving that comes along with having that kind of use in that area very good I'm gonna ask the applicant to step up and address that yeah we definitely understand your concern that's part of what you spoke to is why we do plan on using the Main Street entrance assuming the okay of our neighbors which we've had preliminary discussions with both neighbors that were positive but we want to minimize traffic in the neighborhoods because it is a very residential neighborhood the way that the property is laid out with kind of the natural amphitheater feel of Island AB and that margin street corner we believe that the noise and traffic impact will be minimal if we are able to use that Main Street entrance and you know as far as the bar aspect right now we're planning on five days a week when the tasting room does eventually open shorter hours then you know your typical bar right now what we're doing at the current location 3 to 10 most nights later on the weekends sometimes you know being kind of out of town we don't expect to to draw a rowdy bar element and so have all of our employees take tips training um which is a you know state recommended program for all people to serve alcohol so that you know our staffs always understand you know the importance of recognizing when people are intoxicated and and preventing it from happening we've you know had yet our other locations who have had you know lateral operations the or no police department conducts you know ID checks to make sure that nobody is getting served one of those you know and never had any sort of any sort of complaint or charges against us we've had a liquor license at Woodman's for over 12 years and at the new location everywhere the current location at Mill Street for two and a half years so well you know we take seriously making sure that it is minimal impact and positive impact on the neighborhoods that were near and you know that's that's our plan is to just try to keep people flowing in an automated and have the bartenders do their diligence to make sure that it isn't you know a drunk and rowdy establishment good thank you yeah other comments all right so again in heaven uh procedurally I need the public hearing open while we discuss this wave round just trying to fit a long day so I'm just trying to uh close the public hearing if I have no more comments than act yet I think you can you often you leave it very helping just in case somebody else wants to say sometimes we're uh you know that's really objective and on your part you don't have you can close it if you think that you leave it open okay so the public hearings still open now the board again first item up is to discuss or decide the law non-conforming use or less non-conforming use item if you look notice sort of on page five maybe I do have a final attack respectin on a post - after you - say yes or no on with respect to informing use and then it's good at fighting the fact you would determine whether or not it quote has no greater impact on the same and adjacent properties and resources than the former use okay again these are just proposed findings that the town staff has prepared so we are free to comment on these and you're free to say no that correct this chart and we've got a format that's a yes/no chart so you can modify the finding and reject the finding or you can they hit define okay very good the draft findings of fact for the application of hub LLC concerning non-conforming use of 61 margin streak dated June 21st 2017 pursuant pursuant to article 10 section 18 - 304 of the owner Code of Ordinances the owner Planning Board considered the request of LLC for a finding that the proposed use of 61 margin street for a mixed-use brewery with tasting room related offices and artist studios will have no greater adverse impact on the subject property adjacent properties and resource than a thermal non-conforming use is an asphalt manufacturing facility the property is identified as text map 31 - 2 lot 29 and is located in the medium density residential district based on oil evidence presented by the applicant reviewing agencies Town departments and the public the Planning Board finds a following and these are all change of non-conforming use to another forming use criteria number one that the proposed new non-conforming use will not significantly change the exterior conditions of the site increase the size of the structure or change the amount of impervious area within the lot with any edits concerns everybody in favor of that one number two no shoreland areas wetlands or other significant natural features are located on the 4 acre portion of property being acquired by the applicant and no such areas or features will be affected by the change in use there any issues with Alan hearing none number 3 that the proposed use will have a full occupancy of a similar number of or fewer persons working on the site as the previous asphalt manufacturing facility any issues with that one how do we know what that is good question I don't know the exact numbers I know that there were shifts and that the numbers were substantial but I don't like I don't know the specific numbers are I think six to ten is safely no more than or less than do we need to clarify that for the findings of fact or can we make it more general so that were it's up to you I mean if this is an assumption I made two shifts I mean just logically I remember when sunrise was operating you know just the truck drivers alone the staff I think the difference here might be workers and also customers so I mean yeah I'm not there's 75 spaces that they've proposed but I'm not clear on the actual customer traffic and how does that compare to what we're comparing with the previous workforce because that's what it seems like we're assessing at this point a pretty good question he has his combination with mrs. Rollins nuria's items 3 & 4 items for get to the traffic levels but and the difference in constituency customer versus workers and truck drivers and so forth as a judgement call of course when you're trying to figure out is there more adverse effect from this use in total than previous or no more than or less okay right so I think this first very specific one is in terms of workers on the site okay and then the next one addresses the kind of traffic in generator with customer versus truck traffic versus employee traffic alright given that if we're limiting this to workers and we've heard what the applicant proposes and I have a general understanding what summarize used to build it there are definitely more people on that site then is proposed this evening given that are there any more concerns or this one all right all those in favor of that one moving on number four based on standard traffic engineering references the new use may at times generate more customer traffic than the previous industrial use but less employee delivery in truck traffic and further that existing streets can it can accommodate the expected level of traffic so this might get to obviously the visitor is the 75 spaces and also the access from Main Street because if if the access from Main Street for whatever reason doesn't come through then that traffic is going to have to go on margin Street mm-hm so I mean I don't know whether I don't know what what we can as a condition put something about that Main Street access that's a little confused about that Evan oh well yeah I know we can't we can't approve that access but the condition is that they have to get it approved before we will say yes to this I don't know whether we can do that that's what I'm questioning yeah and that's the legal agreement with independence advocates and Ledbetter's for signage that's that's on them that's not part of this well application as I understand it it is yes they they are proposing to use the main street entrance and that sign where historically has been what we can't determine because we don't have jurisdiction or the expertise to determine it what the right Tyler interests that Lane construction and this applicant have with respect to those things they've historically been there they've been in continuous use for some 30 or 40 years and that would have to become a facts on the record in a proceeding if I've ever went to a legal proceeding which I don't expect that it will because I think probably the neighbors will are aware of and they've been talking and are aware of what's being proposed and are currently okay but with it as long as it doesn't disrupt things but it is possible that this property has adverse possession rights under state law we don't know that we can't determine that it's possible that they don't right but there's no legal description that we're reviewing to minute there's no easements there's no any easement there was nothing like that document right Tyler interest to that entrance or to the location of that sign what we have is some informal information now misty bolt by Thibodeaux sorry indicator or conditional comfort with it but she wants to monitor the situation or watch the continue the discussion with of LLC about it so do i right i and there's this alternative access now you may want to decide that you not you have to really think about it as if the Main Street access didn't exist I don't know I I guess I personally believe there is sufficient historic use of that site continuous use that probably some rights of some sort exist and that there's nothing a shadow right there an apparent right that I would be hesitant to say you can't do the project because you don't have the formal easement and this is just it's a scenario that we don't have the expertise so on the grass band around condition and the Planning Board can't say oh yes you have rights or no that or no you don't only if the neighbors can't agree among themselves how they're going to do it now you know I knew then it would be and if it became a matter of friction then only a court could decide that right my issue I can't really think of a condition that wouldn't satisfy this at the moment we've understood that the applicant wants to be good neighbor he stated that we've understood that the neighbors who he has to access that they're supportive now well I mean yes the first had done done a good job with other businesses we've heard that so I just I don't know what condition they could I wonder if there's another way of looking at this and that is whether we think that if they are forced to use the margins of the street entrance whether we think that's a deal-breaker would we turn it down if that was going to happen if we're not going to turn it down over that then this this isn't that important good question so I guess comments on that would this be a deal-breaker if they use the margin Street evidence we heard one neighbor across from Island Ave with the history of sunrise access and the trucks I think they're using the move at entrance so I'm not sure that if those trucks went up margin Street seems like the impact of a number of foot traffic folks customers and a number of personal vehicles would be way less than the impact of heavy machinery introns and deliveries and asphalt trucks and so it it seems like it's less of an impact today I agree with that other other comments on that I guess I'm just still thinking about this the question that was raised and you know about what's the difference between a tasting room and a bar and a restaurant and if you have a tasting with a serving food that changes things a little bit and I you know I'm not saying I'm not for this but I just want to understand better if they don't have Main Street access and it's a tasting room that's serving food what does that mean exactly why isn't that a restaurant and if it were a restaurant is it okay for it to be there maybe the answer that is yes I don't know so that's from struggling a little bit definition was 111 or maybe the applicant can all right talk about what a tasting room is and how close it comes to being a full-fledged restaurant yeah yeah so as far as the question of the licensing and definition a tasting room has to be attached to a brewery the license that we are given for a Brewing Company at Mill Street you know says that we don't have to serve food we can only serve alcohol products that we make in-house as opposed to you know at Woodman's we have a liquor license and a victuals license where we can buy from anybody that's a licensed distributor so as far as you know the tasting room aspect goes you know it's just more definition that it's attached to the brewery typically has shorter hours than a restaurant and does not have to have food at licensed restaurant does have to have food in order to get that liquor license but you know as far as as far as the project goes we think that the responsible thing is to serve food because we are serving alcoholic beverages we're a ways from anything else you know so if we do have a food component you know helps offset the beer people have driven there which I mean there are some neighborhoods we might see some foot traffic but you know I expect the majority of our customers to be driving you know that probably is good to put some bread in their belly or hear something they can eat as well but you know as far as how the state defines it you know tasting room is a special license given to a brewery to be able to serve you know what they make in-house at that location and doesn't require food the same way that a restaurant like your license does so we you know like I said we plan to it's not make-or-break for us but you know we think it'll make it'll make the establishment you know something that's more for everybody in town versus our current establishment it's very small you know doesn't have room for kids doesn't have room for a kitchen you know this this new project we feel will be more all-encompassing you know we expect to get a larger audience for clarity what might be an example of the type of food that you'd be serving right now the idea that we're kicking around is kind of street vendor food something you know pub fare things that you would expect to see a lot of breweries that have tasting rooms don't operate their own kitchens they have food trucks come number of establishments in Portland do that work you know they just have food trucks come for the busy nights or special events so we would kind of do things along those lines you know stuff like maybe tacos or sausage sandwiches or something you'd expect to get like at a fair or you know out of a out of a food food truck somewhere but it's served in the tasting room by a food truck yeah in the tasting just Mitch a second do we need any more clarification before we lose that thought do you have a sense of what when you will stop serving we plan on 10 o'clock Wednesday Thursday Friday and Saturday maybe later but it kind of depend on you know when we get open how it looks we shorten the hours from what we originally start with that the Mill Street location you know realizing that the brewery is you know kind of a different animal than a restaurant you know get his late-night overcrowd kind of a specialized we're only proud so alright I mean it just sounds a little bit vague to me about your actual hours of operation yeah I mean we will probably start we'll probably start 3 to 10 most likely on the earlier part of the week that Wednesday Thursday we'll probably do 3 to 11 or 12 Friday Saturday but it's it's kind of all up in here until we see you know how the space comes out and what we do you know as I said we started with longer hours at Mill Street and then found that it you know 10 11 o'clock generally covered it so you know it's hard to it's hard to really know until we we see what the response is and we don't want to pay staffing for hours that people aren't there so you know if it doesn't have a late-night aspect and they don't stay there late we'll need you to step up please just a again procedural stuff please when you step up to the mic because this this is all recorded if you could just repeat your name sorry for that just Astrid Russell Smith 55 margin Street so what kind of numbers um would be anticipated like because most restaurants you know they have so many seats and or tasting rooms there's only so many places but if you have 75 parking spots you know potentially you could have an enormous tasting room so that would be one question the other question I would have is what's the potential for change you know yes it's a tasting room now would it be possible to later rezone it has a restaurant given you know there's basically in a lot of room for expansion on a property like this and the other point would be when sunrise was info operation they use their entrances off Main Street almost lucidly so yes it was you know a much higher impact for those type for those traffic areas but as far as Island a band margin Street there was almost no trucks coming in and out of there at that point for um at that point so that's something to consider okay managed aneurysms something like 7,000 square feet in two thousand square feet was going to be a tasting room initially and then something like that my clothes yeah yeah mark Orton again we just had a drawing finished by a designer and we're looking at about 1800 square feet currently for the tasting room part of the operation so roughly 40 seats would be the maximum that would fit in that design we don't know from the fire marshal exactly what our standing capacity would be but you know as far as our seated capacity that would be roughly at that and that's capacity that's not you know what we expect we don't expect to have 40 people there from the moment we open till we close but you know within that 1,800 square feet that would be about the most of it fit comfortable seating wise thank you other comments questions from the board for The Advocate so we're still discussing again the non-conforming use so we stopped on what number hiding 419 for all right so I'm going to be devoted on that one correct or did we what for you didn't know for we didn't okay there we go go back in time here so again I can read it in based on the standards of traffic engineering references used may at times generate more customer traffic than the previous industrial use but less employed delivering and truck traffic and further that existing streets cannot accommodate the expected level of traffic comments concerns changes to this I understand that the again that the existing streets can accommodate the level of traffic margin and so from a traffic engineering standpoint they can handle that load right yes from a calque engineering standpoint run you have to consider whether from a correct policy standpoint you're comfortable with that all right so the questions out there concerns comments edits I look are we all in favor of this thing okay moving on number five based on the off street parking standards of the land use ordinance proposed use will not require a mall parking area than the previous use and has made provisions for parking spaces within the existing parking area of the site any issues with that number six the proposed use will generate less noise and fewer air emissions and no more light glare or waste in the previous industrial use any issues there I guess I have a question on that one I take it that the old the old asphalt place did not run at night is that right I don't know they they didn't okay so potentially I just want to have photo that Porky's mr. Clow's had mentioned shifts and I don't know the shifts that he was talking about whether there was just early morning and afternoon I don't remember the flight they used to work in the evenings I was used to live on Main Street yes behind us but that ended a while ago I mean that was back I don't know when the last time I heard it but they used to run in the evenings not at night but like it's six seven when you were at home when the back unit but it wouldn't go into the dark but that was it was a while ago I mean it was built I mean potentially this might be more noisy at 10 o'clock when things close up then what's been there but I don't know that it's necessarily it won't necessarily change my vote I don't think but but overall I cuz I used to live nobody as well back in the day when sunrise was operating quite a bit but mister close I believe had lived it at that residence and he had mentioned that comparatively that long ago mrs. his in October a comparatively this use compared to what it was so that's from from a neighbor you've also heard from other neighbors but they had a massive screen here that right she did she did provide different products at crushed rock and made a lot of noise a lot of dust a lot of ball attraction I mean I had a wife I used to buy product and going they out of there with my you know the truck it to me this is a no-brainer it's going to be much cleaner activity right they had a water truck specifically I want to know that road you know to keep the dust down I do remember that all right so questions on the table generate less noise fewer emissions and no more likely our waste in the previous industrial use any concerns right moving on there's a numbering issue here so we'll call this number seven proposed use will utilize the same signs structures and locations as the previous industrial use again we did we did hear that the Ledbetter the sign from Sun rises on Ledbetter property apparently they don't have any issues with signage on that and that they're also going to have a sign they say it's 24 square feet on the building face itself all right any issues with that alright number eight the proposed use will have no greater adverse impact on the subject property adjacent properties and resources than the former industrial use and again thinking about sunrise the business as a whole so compared to this any issues there all right hearing them so proposed findings of fact voted in favor on all these categories the procedure now would be up for a motion and a second and a vote yep on whether this is non-conforming use if acceptable what he said need a motion please I move that we a little bit tricky here is this just this just for the non-conforming section now you just didn't have to go to the site plan which right understood I move that we classify this project the hub elf LLC project at 61 margin street tax map 31 - to a lot twenty nine as a thank you non-canonical menus that has no greater impact on the subject in terms of property resources resources in the former use there we go we have a motion got a sec I said we get any further discussion all those in favor all right next up we have a waiver request letter in front of us the applicant did submit there's a the checklist of all the submission items that was in our packet and there's a letter addressing those requirements we have heard that this is not new construction its renovation there's existing it sounds like demolition and removal but that site from this project the applicant isn't doing anything outside that I'm aware so as Evan said no stormwater no erosion control no some of the other things so the letter went in the cut the packet just before it's on the back side of the letter from age first okay oh there we go you got it yep no it's a competition alright so there we go we have a letter in front of us you do act on that waiver request so can I have them motion for that I move that we grant the site plan review waiver requests for the hub LLC project at sequel margin Street tax that lot - 60 tax map 31 - 2 lot 29 yeah as requested by the applicant business late May 23rd letter you know all right well second there any further discussion that doesn't seem to have any exterior impacts agreed mm-hmm all right no further discussion all those in favor of that waiver request it is unanimous all right now they're stuff not as a site plan review component get this public area is still open public here is still open and this is where I think some of the questions under the non conformance with the relevant there are certainly relevant here to the and how you approach this question of the entrance end of Main Street is important can you can you think of any way any condition anything that comes to your mind that we could satisfy certain requests particularly the two people that just left the hearing because their concerns I believe are valid but I mean they that isn't you know a reasonable access point off margin Street in my report to you you know as I often do is I give suggested suggested conditions you can't move ahead with project and what I suggested as a possible condition for your consideration is that it is understood as part of the record of this review that the site to be occupied by the proposed brewery has established historical use of the access from Main Street across the carpet currently owned by independence advocates in Maine and of the sign framework on property currently owned by the Ledbetter Realty Trust however approvals of this site plan shall not constitute nor be used by any property owners of easement rights for the access Drive or the sign location if in the future is determined through any Precision's that these rights do not exist and the use of the access Drive or the sign location must be terminated the applicant shall submit an amended plan to the Planning Board to reflect such a determination and with any related modifications to the site plan correct I saw that but I was thinking about in the discussion with the applicant and the concerns we heard from the audience that one of any additions to that condition I at you know to that recommended condition that states that if they can't use Main Street they have African bachelors yeah yes yes yes one side and I think Christa suggested earlier was not a bad one to think in terms of that if the worst happened and that was closed off would there be capacity and you know to be for safe use of the public way of Island AB and Margit retook for this use so that's not a bad way to think about it I mean if if they if if they were shut off in three years and they were going operation it would be hard to turn the clock back although not impossible you know the kind of you could if you felt that there was the travelers overwhelming Island Avenue or margin Avenue margin Street you could put some limitations on hours of operation number of seats you know things that would cut back on that but if you had an instinct now that that would be a problem then you know you probably have some questions about it if you think that Island to have and Marja Street as public ways it was good to lay in public ways of with the proper entrance and access that would probably pass muster you know then you can move ahead with more I'm good with the recognition as written all right I personally I think it's yeah I think that's great I know what I didn't read it that way that's right but I understand it now no I'd like to cross it on just use my sentence other yeah they taught us some an issue all right so we do have that that condition we'll get to that in a little bit so public here you set up and based on what we just heard any further comments all right I'm going to close the public hearing then I see you move back there before okay I just saw motion I wasn't sure you're going to jump up to again public hearing is closed so doing more proposed findings of fact I'm going to lose my voice by the time [Music] mr. Chairman I am mindful as I know you are of the comments about the stabilization of that mm-hmm instructor slow right so far that was the only extra condition that that I'm aware of based on the audience comments what I've heard that that it should be resolved the applicant said that they were going to have a an assessment that's supposed to be provided but as I recall he said that the purchase and sale was dependent on that all right so you saying that we should make it one of our conditions as well I just need to make sure that's resolved I mean it is a conditional purchase of sale I don't know if that's sufficient enough that we need a condition on top of that or not what are your thoughts anybody else I mean it's in the P and s my personal opinion is that it's adequate okay why would they buy a building that's going to fall down right you don't want that liability either no that's fine by me I don't need to complicate this you know all right then we'll jump then proposed findings of fact for reuse of existing site and building for light and artisan like you know so industrial is if we missing over there light light and the other some manufacturing yeah okay I just remember light industrial use reuse will exist inside and building for light and artisan manufacturing by hub LLC six to one margin Street site plan review dated June 21st 2017 pursuant to article 6 section 18 - 177 of the Ono Code of Ordinances the owner Planning Board is considered the application of hub LLC to reuse an existing commercial building on property at 61 margin Street for light and ours is an artisan manufacturing specifically a craft brewery in artist studios property is located in a medium dense identity residential district based on all evidence presented by the and revering agencies town departments in the public the Planning Board has found the following these are the site plan review criterion number one requirements of the district that the property has been illegally not been it's should that does it need in it has been a legally non-conforming use either way we're all right has been in a legally non-conforming use as a heavy manufacturing site for the production of gravel and asphalt products for many years that the Planning Board has previously determined the proposed use which is also a non-conforming in the medium density needing density residential district has no greater adverse impacts and resources or surrounding properties than the previous use and therefore is allowed further that the portion of the site in which the new use will be located contains approximately four acres and that because the new use will not involve new construction or alteration of the land who will maintain existing setback slot frontage and building height currently associated with the site and building any issues with a none number two right title or interest that the applicant has right title or interest to the four acres to be acquired for the new use that the applicant does not have documented right title or interest to the land on which the western end of the access drive from Main Street and an existing sign structure on Main Street currently exists but that these facilities appear to have been at their current location serving the subject property for 30 or more years and further that the four acre site was suitable suitable access via margin street does not rely on these locations to conform to the requirements and land use ordinance for access or frontage and the issues they're hearing none number three compliance with town ordinances and codes that the proposal does not involve any new construction or expansion of any structure or impervious area and therefore does not affect sections of ordinates governing the impacts of new construction does not involve shoreland zoning or floodplains will not affect existing required setbacks or buffers and is capable of complying with all building and fire codes he issues concerns with that one hearing none excuse me number four utilization of the site that the proposed use of the site will not change the footprint of the existing building building or the locations of existing curb cuts driveways or parking areas issues are concerns here anon number five traffic parking and pedestrian access the vehicular traffic will be primarily personal vehicles and light duty delivering vehicles that access can be safely provided via margin Street as well as the existing access Drive from Main Street that sidewalks along Main Street and Islands readin avicennia vicinity of the property are adequate for pedestrians at accessing the property and that the parking layout provides for safe internal circulation are there any issues or concerns there number six storage of materials that there will be no external storage of materials or external storage areas associated with this use questions or concerns hearing none southern stormwater management that with no new construction proposed or expansion of driveways and parking areas the proposed reuse of the property will not have an impact on the existing stormwater facilities stormwater runoff volumes or amounts and will not strip soils in a way that would cause erosion any issues there here are number eight water supply and sewage disposal that the proposed use will be adequately supplied by existing public sewer and water supply lines that the water supply is sufficient to provide for fire flows and that the applicant is able to work with the waste place water pollution control facility to monitor the quality of discharges to the public sewer system as needed to the satisfaction of the superintendent of the facility Jeff I did have a question on that you do have a statement from the superintendent Joe Madigan he had initial questions that he discussed with the applicant put the bottom of the ballot II of their discharge when they have to dump of that if and when they have to dump a bad and there's our kind of a shock blown from that particular source into the system and and Joe provide you with a letter saying he is comfortable with the operation but you would like that there'd be a notification to him by the by the owners should there be such a dump so that he can monitor the effects in real time so does that captured in your well and that because that's why I have Jose so that was what could come of revised condition if it's a replacement of number two you know very good you're all over it good work Joe all right so given that any issues with that all right one of the line utilities that electricity is currently adequately supplied to the site issues there and none number ten natural features water quality Shore lands that the property is not within the shoreline zone or 100-year floodplain that there are no wetlands within the four acres parcel that would be affected by the proposed uses and that the proposed uses will not impact other natural features wildlife habitat or surface or groundwater quality any issues there um eleven hazardous special or radioactive materials and solid waste management that the proposed use will not generate hazardous special or radioactive materials and that solid waste will be screened from public streets and adequately handled on-site for pickup by commercial services the applicant did say that dumpsters will be home would be behind screen employers not visible here none hearing no concerns number 12 historic and archaeological resources that the four acre site will not involve new construction in any case is not known to contain historic or archaeological resources any questions concerns their hearing 913 file financial capacity this is a tough one that the project does not entail construction of new structure utility lines or other infrastructure that would have an impact on public facilities or adjacent properties and that would require a showing of financial capacity to construct such facilities in an orderly manner any issues there last 1:14 noise odor or lighting that the proposed use is capable of being operated and must be operated within the noise limit standards in the medium density residential district will not produce offensive odors that it's lot lines and will utilize outdoor lighting designed not to spill over property lines or cause glare for surrounding streets or properties any issues without them all right we have proposed findings of fact if we're ready for a motion unless there's any further discussion do we want to add that the addition that about the Main Street and Trent's thing that'll be part of this finding effect yeah one of the recommendations it's the first recommendation of the motion that I would make the correct gotcha all right yeah and then those are wise second you're on top of that so just to be clear what the P were okay with not adding a condition of the engineering assessment everyone's okay with that of the which is that purchasing sale yeah I gotcha yeah but sure you got another move that we approve the site plan by hub LLC at CC 1 margin street tax map 3 1-2 lot 29 with three conditions the first is that it is understood as part of the record of this review that the site to be occupied by the proposed brewery has established historical use of the access from Main Street across the property currently owned by independence advocates of Maine and of the sign framework on property currently owned by the Ledbetter Realty Trust however approval in the site plan shall not constitute and will be used by any property owner as proof of easement rights for the access drive or the sign location if the pH was determined through any proceedings that these rights do not exist and the use of the access drive of the sign location must be terminated the applicant shall submit an amended plan to the Planning Board to reflect such a determination and with any related modifications to the site plan condition number two that the applicant notify the waste where management facility for actively if one of the VATS is to be dumped and item number three that the applicant shall comply with all of the state local regulations and permit permit requirements relating to the proposed use Thank You general motion drove a second second forget any further discussion on this and good all those in favor congratulations all right next up [Music] next up we have a public hearing requests to Donald J bolt DBM who owns property at 20 still Arab tax my up ten lot 15 to amend sections 18 - 106 MHz 18 - 124 is the land use ordinance to allow barnyard animals in the commercial one district west of Interstate 95 and the action is recommendation to Town Council concerning this proposed amendment so Evan do you need the app conduct or do you want to give us a summary are we going to give a summary dr. Volk has a representative here okay hub and probably he should have the opportunity to speak certainly this is uh this is dr. bull owns the veterinary facility on the just off exit 193 west of the water Avenue [Music] he owns a large parcel of land and currently knows that he could keep horses and other large animals there if they were part of his practice you know but if it was treating those animals but there he has a another veterinarian who is now actually operating facility is dr. Volk is in the process of retiring as I understand it who would like to keep some large animals as pets horses she's not allowed to because the keeping of primaried animals is not allowed in the commercial one district dr. Polk asked if discussed with us the possibility of amendment to the ordinance that will allow the keeping the barnyard animals in the commercial one district it was discussed with the town council and the thought to move forward to the stage was to allow the keeping of barnyard animals in the commercial one district west of i-95 where there is no public water no public sewer and where the character of the land is generally rural rather than this is the case east of exit 193 we have the shopping center and the commercial activity so that is that is the proposal it comes along with standards in our ordinance keeping a barnyard animals is allowed in a numbers own districts including most of the residential zoning districts beyond you know domesticated behind the six chickens that was at issue in a couple years ago but only under certain circumstances and those same circumstance kinds of circumstances would apply here that you've gotta have at least five acres of land in this case it has to be fenced in of course and the fencing would have to be at least fifty feet away from any property line and you couldn't store manure within 300 feet of a high-water line of water horse or wetland a stream or wells used to supply water or within 150 feet from the nearest Welling other than the applicants except in a weatherproof structure designed to agriculture standard so that's the proposal is to allow the keeping of barnyard animals in that part of the commercial one district there are that district is a small that part of the district is fairly small in area it includes four or five sizeable Lots in the 20 to 25 acre range and several small Lots that where this would not be logged because they would not have five acres the ability to do it so at the proposal pretty good the council has referred it to you for your recommendation they're good so applicants representative if you want to commitment to anything more david cust represented on voc he's currently detained in annapolis maryland heaven repairs to his sailboat so that's why i'm here yeah as i don't have a whole lot to add to that other than the fact that he does have another veterinarian practicing there who does have horses and would you know like to be able to house those on them on the property there okay thank you questions for evan before i open this up to public hearing any clarifications before i open it up so there's no density standard right you know i am not in the commercial one district or enforce agriculture there is in the medium dense residential district there's a density standard of you find it number of animals allowed shall not exceed one per net available acre of land and available would be the potential how's that defined it's the land its land area exclusive of buffer strips land outside fenced areas and not including land use for dwelling units accessory starts with driveways or roads so it's essentially the open land that is not within the required setback area which would probably reduce it by ten percent twenty percent something like that yeah I would say a good twenty percent it would be typical to deduct fifteen to twenty with with a 50-foot setback and now you're going to be reducing it a fair amount so sixteen acres be sixteen animals and this or something like that at this particular site okay well yeah but this is what this density standard I just mentioned for the medium that's recommend having a density standard for this as well right you could yes if we were to allow it if you were to well we can happen even more stringent since it is commercial more stringent density standard you could just just a quick question Erin so heat the request is to amend the commercial district rule alternatively it sounds like this is a one-off request is there is there procedurally another way to do this other than amending the entire thing or in theory yes whether it's the appropriate to Libby contract zoning right okay and you know contract zoning is really meant for unique situations if this roque for a 25 acre plot or whatever the size is for dr. Volk why is it okay for a 25 acre plot next door and one next door and really zoning is meant to treat like properties alike and so and he approached staff and asked what the options were I discouraged the idea of contractors only because you shouldn't start having boutique zones just because somebody has asked that it's either appropriate for that area under these circumstances and with these conditions or it's not okay and there is no other mechanism other than contract zoning or what we've just done okay other questions before we open it up all right I'm going to open up the public hearing any buddy left in the audience and wants to step up and say whether you're in favor opposed I'm going to leave it open you do have a communication that came in late this afternoon from a property owner does not live in this area but owns a property in this area of course I misplaced yeah it's in my spec behind me somewhere ever read this into the record then yes if though all right we did receive this today from rod Elliott at 410 this afternoon rod says Evan I'm writing in response to a letter I received concerning a request to amend sections 18 - 106 and 18 - 124 in the ordinance to allow barnyard animals in the commercial one district west of Interstate 95 Daniel Rush and I Roderick Elliott strongly oppose that proposed a man the owners of lot 7 & 8 Tech's map 10 more significant investment in our property and intend it to be used for commercial purposes as the town of or no intended we believe the proposed amendment has the potential to endanger that use and this several reasons a number one a change is being considered to satisfy a specific request but would open the door now and in the future not only for the requesting rod owner but also for any qualifying law to house any quantity of any farm or barnyard animals motor tune farmer barnyard animals is an extremely broad term with a current litigious society of a difficult and costly to remedy and abuse of the farm / barnyard animal designation number three I was involved with agricultural lending for over 35 years and have no problem with farm sites and odors however many people do and commercial entities are very aware of that fact and would not be inclined to locate next tune or narrow situation adverse to their clientele next the next door down weed from pigs horses chickens or goats or any other animals may be fine for an AG way or John Deere but would not mix well with hotel/restaurant auto dealer clothing another agricultural businesses for the property and animals / pets may not be well kept my experience dealing with individuals wishing to be hobby or gentleman farmers as dismal intentions are good but the hobby typically requires much more effort time and money than was anticipated property condition suffers and lastly no.5 of a situation with animals is successful and becomes established in order has been known to become antagonistic to commercial development around him or her the construct construction equipment or traffic frightens my horses cows goats etc in conclusion I am opposed to mixing animals and commercial use in this situation I don't believe it's in the best interest of my intended land use or any of the other nearby lot owners who are holding near land for commercial development the request may seem denied and conjure up a vision of a pastoral scene but could well developed into a Pandora's box in the future hindering commercial development thank you for more in the committee's time in the matter respectfully broad Elliot thank you very good so raises a valid point this to see one just curiosity from a history standpoint when does that develop because the intent as you said get water and sewer over there and that that's been in place for a long time intending for that to be yes you know very likely to happen well you have the enormous costs of getting under ninety-five and extending the lines still it's an aspiration no question that this home comforts a plan and going hope someday some good tax base commercial activity could locate there right now there are three businesses out there the veterinary friends and friends and Guardsmen but the likelihood of water and sewer being public water being extended out there in the foreseeable future was remote impossible a large user came along and said that's exactly the site I would like to have and they have the ability to amortize that cost them but nothing like that is that what come along for far it's been zoned that way for lost time used to be called the interchange zone I think it got changed the c1 in 1998-99 Evan do you know how they say their own lot seven and eight do you know how large these are these large one is just a very small two-thirds of an acre lot the other is 25 acres they're right next to each other but one's a small a lot that front right on Stillwater I have and the other is a large 25 acre a lot behind it so where you go up the hill yeah it's on the left as you're going toward left as you go up the hill right up there it's on the in it's in there it's on the inland of Stillwater out it didn't talk to folks loud his pillow is bounded by the interstate it's done by the University and it is a great big swamp out back I can't see a heck of a lot of development going out there that seems too bad the design individual chance to have some livestock but if I was I'm concerned just whatsoever for you how unreal I said that the smaller lot is it he said it's adjacent is that the one with the gravel road going way to the back so I looked at it you can see just the edge that one that one we loved it not that one this one and then there's some small one another small one dick white bar here so if you look at you have a zoning yeah yes that's a possibility there's only math excerpt it is this this the my applicant slot is here that's separated I don't know bottle unwrapped here looks like this and none of the other puppy owners have responded then the other about it all right thoughts on the the email correspondence so the email brings up an interesting point that if it's good and in conjunction with that Evan said if it's good for one it's good for all so if we allowed in this one spawn then we would be in essence allowing it for all of the spots it's not eight over five acres one district that has the requisite land and can meet the standards you certainly are the idea of density limit which I think you brought up is in another district than if you so you can modify this in different ways you know I there is another option to consider I mean I'm not sure I would necessarily recommend it but if it gives you comfort is a public health safety welfare matter that the keeping of barnyards in a commercial district more likely to be a benign use if it was associated with a professional facility involved with the caring of animals that's what I wanted to not not not because they're being treated but because it's associated with that and therefore it's probably going to be treated properly the in-class business huh I'm just take it from that that business that the comment where property would be you know go downhill thinking if he wants to maintain his vet business he probably this example he'd be less likely to let it you know KOCO one part one possibility but when possible to sit with the possibilities and then I'll tell you what the pros and cons are that are in my mind possibility is the really asterisk this and say that any lot in the c1 district with involved with professional animal care you know veterinary service and I don't know I don't can't come up with the words but me both vet let's say veterinary service can also keep my yard animals for as pets you know if what you're doing that what you're doing is is really customizing the zone for the situation because there's going one veterinary service at present in the commercial in districts in our town and so you're saying you're customizing it without a contract zone you're customizing it I the downside of that is just more philosophical than anything else you do that sort of thing for this lot it seems very my jeweler in another situation well we could do it and make it sound general but we know it only applies the one lot so I don't like that approach I'd rather find a standard that that you think is workable that limits the potential officers I would note that we the barnyard animals are allowed to be kept on of these five acres and much of the town and you know I don't know of any issues that have arisen except when they arise it's because they're not meeting standards and bill goes out and talks to them but other than that I don't you might ask the code enforcement officer if if there are any big problems with the bill keep it up are there any big problems course is looking in in somebody's windows years ago okay how can you help you and you are I don't know if y'all better get personal sir thank you we're just curious you have there been any issues what's a typical issue that you might have found with larger than five acre parcels that keep barnyard animals what I guess the what issues have you seen Martha resolve acres in Indy are anywhere anywhere anywhere yeah no real issues okay I can't think of any issues off top my head anybody with a barnyard animal issue nothing's come across another many sites I think you've got stables and yes room one and you've got some over near the Coburn Preserve yeah and you've we've had a farmer who kept goats he's not very long but he was out there off of Forest Avenue and for all I know there are others I don't in the because they're allowed yep they're allowed as a matter of right in the foreign culture district and in the low-density residential districts and they are allowed with particular standards these five acre standard and so forth in the MVR district okay any questions for bill thank you okay I have a question about how many commercial districts there are in Orono we have a commercial one district which is limited to the area around exit 193 we have the commercial 2 district which is a needs which is meant to be a neighborhood scale commercial district mixed-use with apartments and smaller businesses and that's what's on Park Street and that's one that that small area where the Van Sickle is and that's where the Penobscot Valley dermatology is so they're four five and the the tack shop known there about five of these relatively limited areas see two districts and then just village commercial and so this which I want just to see one district yes so the only area that we have that we're speaking about is this run 95 that exit exit one night something of 191 - oh that's academic development zone but that's not that that it's not in play here and when you gave your intro Avenue givings are making a distinction between the commercial district west of 95 and and the commercial district that's more where the IGA Plaza is I mean I in my mind I can see that distinction and knowing where this veterinary property is I mean it does seem more were land even almost FAA like then as you can further into town it abuts the fna district and one option that we discussed with the owner is or resorting to fna but the problem with that is whatever Ares hospital would not be allowed in yeppity-do Strich I've become a non-conforming use and I just think philosophically to deny it a veterinary practice you know the right to have barnyard animals seems a little odd but it might not be the standard that were I'd get to but I thought of the rezoning issued to but then the gentleman that wrote the email he appears to about that property with commercial interests though he then they knew it going into it my concern would be as if I understand the practicality this but my concern is the bigger issue if we if we endorse this and approve it does it now open a floodgate of requests everywhere to change everything everywhere in other words the c2 district and you know I'm saying no that's a good question I just I don't any vision we're going to have a lot of requests if you go down that road would never do anything that you could reality to face with that yeah making the decision that may open up something else I think the key thing is that there is no public water no public sewer and therefore the opportunity for intense development is essentially non-existent until there is how I don't know when there the conference plan has it as an aspiration but there is no there is no money for it no infrastructure funds and no specific plans to do it all the other places see to have water at least water and usually water answered so I can't see those as being right for this kind of no amendment for the most part but I have to see to lot small - so they're to spawn to meet the item or small there are some larger ones and the larger ones have gotten bit on you know the avenue was on a sea too long there was a large line and the reserved but a lot of them are smallish yes so they wouldn't qualify anyway they wouldn't have that many of them would not have the five acres right I'm just thinking about density to limit so this fellow and we just looked at the sea one district and looked at the potential Lots that this could even affect I'm just thinking more of these projects that somebody else want to do barnyard animals how would it affect the the gentleman that wrote the email based on the years to come next to him but the society next to him with the gravel road going in that say preparation site that Keynes had I think yes what we developed by a French which is his son a son-in-law right who would be real yeah but I was being used as a storage silo would si so would currently be allowed in his immediate neighbor and the LD artist or yet yes right so okay well I'm online just because it is c1 right now and I don't even know if it's our place my two cents is that we either not allow it or if we were going to allow it we were going to allow it at a very low density rate that's although that could be our catch so that it's going to effectively be you're not going to have somebody there with a you know farm with you know thirty animals it's going to be a hobby nice thing with twenty acres so it's if you go one animal per four acres or one animal per two acres or something like that that's a higher or lower density then MDR I've just had a curiosity do you have any idea how many had adult recall reading this how many horses doctor Volks replacement is proposing Evan have you had that Homer I don't know I don't think a lot I don't need to big all right so I mean if you have been horses that's not hobby now that's right the full-time job you want to whether we can set a reasonable number so we know that it won't get out of hand and allow a little bit more flexibility is there water out there now or the water no though low water so I mean that's gonna limit to certain extent how many barnyard animals can be out there I suppose well well well in any Wells but they don't have these don't have all public water supply I just won't go back of it yeah I kind of like Judds suggestion we have a density restriction we can apply maybe a lot more flexibility it seems that a role to me I understand it's commercial but I mean I don't I don't want to limit you know an activity but with a density restriction I can live with this and then when you drive through there it still doesn't feel commercial but even though you do a friend and friend there that feels a little bit but it I give them a good density as well so I get with nothing or density either one works amazed so we've economize to protect the commercial interests of the people that have weighed in would we also want to limit it to just horses instead of barnyard animals I have wondered that is that Zenta louder that's the antenna business epic yeah be my agreement ooh - Richard - yeah - and too specific about this particular question so okay how was it voted I'm just think I'm a density and the others the MDR was so the the wording is one a number of animals allow shall not exceed one per net available acre of land this is in the MBR yes then you said exclusives over the buffers right it's item four and then it's up there yeah ladies up there that board yeah page two of the proposed amendment that that was destruction on is that density I'd go up because that would allow sixty forces that's a lot of IRS's to it to one for two acres I'm open yeah thought so Marlo I have no idea well I know there nobody but it was there a budding lot that's in a different zoning areas yeah oh he are that's in this lot though not to this to the letter yeah so what's the density in that LDR there is no limit you know there is no density limit in the LDR district how about one for every three acres mmm okay well we've got a one four three here well they've got twenty-five acres there on the veterinary place so they could still have seven horses yeah I remember they got subtract out the 50 foot yeah so anyway that they could still have a fit we're trying to keep the number of horses downs yeah agreed like three four I mean we need to have a fairly large number of acres to okay with your friends nicest guys they're bombs now what all right all right are we okay I just so we stay on track here we're okay with considering this proposal but with the debts they were an agreement on that are we okay so then what would you tell me if you want you could say a relatively low density and such as three acres or some like that and it's going to go back to council okay Billy already know the answer to raise a family well you know we don't really have necessarily the background to know exactly what foot three I'll say that the plane borders leaning towards that three acre I want to do how's that so let's good some with a three is a decent number to a job yeah let's have two acres I'm a day of to eight I mean it seems arbitrary but they already take out the 50 foot and whatever else you have to take out is going to reduce the acreage okay so and then we've heard a relatively low because you're going to keep that and we know the board had mentioned to two or three acres I think two acres we're going to get a lot of horses okay I think we're really if we mean to limit the number of horses we got to up the acres okay all right well let's just go down the hall yup what's your number two or three I I would go one two - one two - I'd go three three three three or four therefore I don't have a great sense on us I understand limiting horses I'm in that I'm either two or three but uh I'm going to keep on going three what are the jobs it could be ghosts it could be Collier yeah I go to I stick with three some cars I'll tell them I will report this as accurate as I can to the council good good luck good luck okay then so we are making a recommendation and you know I don't need a motion and this amendment with the changes that you have been discussing pretty good can I just say it that way I recommend that we approve this proposal with the recommended change of limiting the density to one animal per three or two or four acres is that was that the range roughly relatively low we've heard you have two to four two two four acres okay I have one other possible thing to consider in its minor so I think we can dispose of it quickly and that is for the MDR the last item goes on and says a mature small animal barnyard animal must lay weigh less than 20 pounds the keeping of small barnyard animals shall not have adverse impact on adjoining property juice must comply with the town's noise ordinance if that's good for MDR I would think we stick that same language at the end of number four which also refers to small animals because this verifies it somewhat yeah so we would add number six yeah we basically right make number four comparable to number six of MDR so that just is about the small part that's just the small animals yet less than to announce everybody got that although then you can then you could have a chicken bar in there right some of the change chickens are dealt with separately it says standards for you oh that's under that's against over seven so we would need to pick up number seven all that I'm concerned a little bit because then you could have a chicken barn or something all right we already say keeping to two or fewer small barnyard animals because we're not specifying horses anyway we're saying barnyard animals yeah so number we already have number four so I'm just saying we fence number four in that like it is for the m-d-r-o that already applies yeah this is proposed change them right right this is this is what they're the new ordinance is to be and I'm just saying to modify if we're going to keep this let's modify it defensively the same way as it is for MDR when your thoughts on that do people follow that request yeah that's I mean the MDR number six so crystal wanted to use similar language that's in the MDR number six bottom of that page two and put that more inclusive language number for the number six four two the c-17 where's number six right here in under MDR so that that has more language than the proposed number four right so I'm proposing to just that a question there so if it's not a if that language isn't there now does that mean that's a use that's not allowed know that it already says that's more that language is already there right it's only partially there and it's limited to two or fewer whatever it is so it's like the same as your constraint it makes sense to have the language be the same to me at least I don't agree yes she's not adding a new sentence so number four in the proposed commercial one district provisions would be the same as number six on the previous page for MDR right oh it's on that yep I then make sense that's just consistency to me man alright we're going to include that one too so do I need to add that so rubber you just say import standard six under MDR into two tables seawater for six in court stated six friend er into standard for four c1 this nicely yes alright so we have a full motion and a second a second any further discussion here you go consul all those in favor alright alright question everyone we said a capital just to let you know I understand you folks have sat through this so we have a workshop last night this is the next item on our agenda so we had a workshop last night so that we could go through the specifics of the the overlay district that's a week because last time at the Planning Board meeting you know we started in the public hearing is open so we've got as far as we could we had to have a separate it was open the public chatted about it quite a bit last night went through all the provisions in detail during that workshop we set a limit just because we knew we had a full agenda of 9:30 this evening and I am I need to I understand you're here for that but I do want to talk to the board because we're at 9:15 now and I just want to know I mean the public hearings open up perhaps I could take comment but we're up against our time in a little bit yeah so I think that's why you sat through this long so the public hearing is still open so I'm just so that were procedurally correct this is old business this is a continuation of a public hearing and review of an amendment to the land use ordinance to establish Main Street office overlay district along Main Street from Juniper Street to Kelley Road this matter was tabled at the playing boards may 17 2007 teen meeting until June 21st and the public hearing was kept open and our action again was to make a recommendation to town council concern concerning this proposed amendment so public hearing is still open what are your thoughts I definitely all listen to what look we should look upset had to help you say but let them speak and then we'll figure out what we're gonna do so by all means step up hi Jeff Jillette I live at 1:15 Main Street it's one of the old houses one of the ones I think under consideration for site reviews for sight line guidance if you will but not familiar with the vernacular but I'd like to say thank you for all of you for sitting so late and doing what you do so appreciate it now that I've been sitting here for two hours then I appreciate it even more so as I said I have an old house it was built in 1834 it's the one with the butter churn on the front porch that's an inside joke but I did have a question and that was about just a clarification I guess I understand that the criteria that had been directed at these kind of properties apply the houses or properties if they're going to be used for an office but they do not apply otherwise as I correct correct the standards and the incentives are only if you choose to go down that path and he's a residence because I know that mr. Rickard nut talked about that and he made mention of that and I thought that was good and and that certainly has mollified me I have no intentions of creating an office in my home anytime soon the only comment I have beyond that is to say I'm not really in favor of this process because I see it as sort of creeping commercialism I've seen it in Main Street I've lived here for 25 years I've seen things happening up at the other end at the far end of Main Street and I'm concerned that over time it'll it'll end up down at this end of Main straight up I don't know what the forces are that are driving this I think we were very strong and robust into real estate market and I'm I'm perplexed why why people feel the need to alter the character of Main Street you know a person or I've raised four children here and they're all grown and gone and it's been a wonderful experience and I'd like to you know give that to somebody else before I'm done so I guess that's really all I have but thank you for you thanks for staying through this I'm Stacy Newman and we owned a big Victorian house on Main Street which we're working on paint colors right now but we I'm also kind of perplexed at the push to open up the historical homes on Main Street for businesses because it seems like we've lived here for two years I know that there are families vying to move in to or know our school districts our schools are getting new more and more students and so I think our community is thriving and I know that that families want to live here and so limiting those houses on Main Street and or pushing businesses in I think would be a mistake I think you're going to have families who really want to purchase those houses there's not a huge amount of houses for sale or no people wait to find something that suits their families I think there's you know two properties on Main Street one house I know has a family that really wants to move into it and is working with the current owner to try to get a deal together and so that house which is one of the historical homes too is got a family ready to move in so I feel like it would be it you know why a push to to make that change when we can obviously keep a thriving community going and I know that families are really happy to be in our community so thank you just and I'm not sure if you recognize or no need of your II went to the previous public hearing but okay one okay and four but for the planning board were you here in May no yeah yeah but I guess you know for your edification I think you've already spoken with Evan but do you well I'm going to pass to you if you could just give a quickie summary again of one summary and there's a good points because correct change and as we've discussed a lot the rationale arose during the conference a plan for two two reasons one is that we knew we had historic district eligible on the other register but we have no historic preservation ordinance and and the conference planning committee did not want to create it mr. president ordinance though it it believed and the council agreed that it would be a true loss if the historic character of some of these buildings is lost which they may be in the future and there's nothing stopping other than the good taste and the and the willingness of property owners as they have for 100 years to keep these things up so but so there was that that it was the the thought was you know we don't want it historic preservation orders we don't want that actually of regulation but at the same time at that time there were I think of at one time for months at a time the eleven properties in the quarter for sale and they weren't moving and at the same time we were had were getting requests and we had had for at least four requests maybe five from different property owners saying is there something else I can do this property besides try and sell as a single-family home because it's not going to sell as a single family that was in that 2011 to 2014 period when we're at the tail end of the recession and things weren't yet climate out since then a lot of those partners have been sold evidently there's some single-family buyers like the south and so so what we've heard at the public workshops is we don't see what the need is but those were the two driving things so the idea those two things got paired together to say well why don't we allow some very limited additional use such as office use or other low-impact use now it's just office use if in return the property owner who takes advantage of that opportunity also commits to maintaining the store architecture and so it became an incentive based approach and so that's you know that's how it started out that's how it's been developed and weird the process now in 2017 three years later after the plan was written and adopted trying to implement but now the economy has changed until the next recession and when the next recession helped have recession hits the question is will there be enough folks like you all out there to buy the properties of single-family homes and to be willing to maintain you know three four five thousand square-foot buildings in the way that would preserve their architectural integrity those are the questions a lot of communities just go to an architecture historic preservation or Bangor has several districts and our preservation ordinance and Hamlin has a historic preservation ordinance then Freeport and Kennebunk and Portland and a number of communities in Maine gone that direction or no is chosen map to go in that direction except on this very protected in this very limited basis as an incentive based approach so that's that's the rationale and trying to find the right increment without trying to without inviting a wholesale change in the character of that quarter of use so some of the successes and we talked about this in our workshop that people hold up the rainstorm property is a success but I think the change from 2011 to 2017 has you have to look at where right now and I agree that there might be another reception well if you are gonna put a business and I definitely think that there should be something attached to that that's right I apologize I often do this yeah they give it great adjust if you can repeat that what Stacy Newman 124 Main Street um I I agree that you know if if the council is going to recommend that that the ordinance be changed and that office space be allowed by an owner a property owner on that there be those restrictions on it so that the historical preservation can be there I personally would like to see single-family homes sold a single-family homes and not have and to have businesses have to do exactly what we saw tonight despite the fact that that's a lot of work and that's a rigmarole for businesses but I think that a case-by-case basis for a business wanting to come in especially on Main Street is a is a far better way of approaching that issue with the historical preservation of our community as a whole we want Main Street to stay to not be creeping businesses we you know there's value to families living on Main Street that there's value to our town for for that and so I feel like it you know if the council goes in the direction of approving the ordinance change then I'd like to see them have you know offices have a requirement like the one you're taught you know like the business because they do a great job I'd like to see that for everybody but I feel that the change is not necessary at this time and I'd like it to just have be a case-by-case basis if a property owner on Main Street wants to have a business then they apply for a use ordinance change for that particular property mr. Schurr can I ask a question certainly there's a as input because we've asked this of some people or some people have told us but it's something that's I think an important information right now though the economics of it may not allow it necessarily but right now one option for a homeowner who's trying to sell and sell quickly and get a certain price or whatever is to sell it to an investor who rents it to students are you and they can do that today and if if the lot is forty thousand square feet on a number of these Lots or at least forty thousand square feet they could subdivide the building into two apartments and have three students in each and is that good as that more is that more preferable no the office no well I think that that I think the next item on the agenda which you may not be getting to tonight is the maintenance of the rental properties on Main Street and how they're I mean we've got some properties that are being rented out on Main Street that are you know falling apart right now and so we're going to require a business to maintain but we're not requiring current you know property owners or rental property owners to maintain their the properties of in any way shape or form so I don't I think in some ways some of those rental properties are have a more negative impact than a business like that I can't remember the name I would like rainstorm has I mean rainstorms in one of the most beautifully kept up Victorian homes on Main Street and you barely know it's there on the other hand I don't want a business at every house I mean I don't want business is creeping all the way down a Main Street right now we're lucky we've got families surrounding our homes and I think that's a phenomenal thing for my kids growing up here so um I don't you know i don't want my I think my property value would go down if I had a business next door on either side of me and I don't really I didn't buy on Main Street to have to be surrounded by businesses I bought on Main Street to have my child my kids grow up in a community in a small community where we could walk to school where we could be a part of a community and and have access to the other you know beauties of a small town so and then could I ask just as a point of clarification a night I have a very appreciative that is 929 yes sorry that's okay no my understanding of what we are thinking about with this overlay is that these would be offices that could be put into houses and you know and - they're not like businesses coming in and taking over an entire property what I mean one of the things we are thinking about is are we going to require the house to have the owner living in it along with an office space that that's one of the considerations so it's not like we're saying we're not you know businesses into these buildings that are just you know just businesses so I just wanted to make sure that was great it doesn't right now as this is written that's not required but a planning board is considering based on the input received as to whether there should be a residency requirement and I think a residency requirement would be a positive thing that seemed to be a compromise we've heard some let's say we don't need this but then others would say you know offices are okay because we have a little bit more expanded scope of allowable uses and backup you know restricted quite a bit and then the latest version would be you have have a residence requirement so we're not there yet but right at home occupancy is already allowed torso so you can have a little father space that's already allowed right right so I feel better personally with a home occupied with an occupancy component to something rather than up whole business taking over a house and making it into you know not having having it just run on business hours I also like the safety that having families and having you know offers um so if you know if half of Main Street turns into businesses that I'll shut down at five o'clock and then there's no way around it really changes your town significantly for the in terms of the livelihood that that in the environment pretty good thank you very much for your comment all right here we are 9:30 I I suggest that we need table up mr. chairman I'm sorry to interrupt so you were probably thinking of this you think of everything what are you talk I totally agree I'm yeah you hardly table the public hearing for the alpenglow on business so then he oh yes yeah that's low okay so we made does this read the eyes open the hearing you've heard some comic and the applicants not here so you can't go ahead like til you hit a table thank you I think you did I think we're gonna be added to that cool chuckles all over it yes I you know I was sleeping Judd took care of everything so I think okay so now we just need to again recommendation is that we're tabling this public hearing that's still open until I whatever that's an approach yeah I've taken lots of notes from the public meetings of hearing so far and the workshop last night and I could I could construct a couple of alternative recommendations I think that would be good that you might consider and then you can tear it apart edit it anyway but it will give you a starting point rather than try to construct it you're right please please do yeah all right so yeah we need a motion to continue a table a cookie and a do we table en a is that one order to be out yeah because we left a we just switched it so we need to table a right there just there five here and E well we yeah e because we didn't get removed EB hound 5 a so that's what we need to do so so we do one table at a time so motion for continuing open public hearing for old business a and then we'll get to public hearing e and we from table that so I think one at a time against please you want to do your up I make a motion that we table old business number a continuation of the public hearing and review of an amendment the land-use ordinance to establish the Main Street office overlay district along Main Street from Juniper Street to Kelley Road until next time second very good further discussion all those in favor all right next up for e I make a motion that we table an amendment to section 1831 of the land land use ordinance and the addition of a section 18 150 of the lameness ordinance defining student homes and certain standards of student homes until the next meeting second I get further discussion all those in favor all right other new business just so because we pushed to off till July when are we looking at in July plus the site plan review that we didn't do yes so there's three of today's items we've got there to a lot of people have been talking to us about things we don't yet have applications I don't know if they will come in the or July or not the day for July will be July 19th does anybody know yeah I'm okay with that one I'm available okay okay all right so you know we've got three items to continue talking about so it's up to mr. tierney to come back to you I will communicate with him by a heat no like I don't know we Haley hit that light on in advance he had notified me in advance that he cannot deviate we are never represented yeah all right uh Thank You Evan so discussion I think we've discussed a lot to Megan so on we're going to number eight adjournment time emotion deeply gern very good I thank you all for both right and all those in favor are you right the guns really the agenda later this afternoon the way we get through yeah well I thought it was a chance against um some of them took a lot longer than I would five so you'll send me an email that hopefully says yeah I didn't find it or he did [Music]